Kittitas County Water Petition Background - Upper Kittitas County groundwater management agreement under consideration

Background

Ecology has concerns

Ecology received a petition in September 2007 from water right holders in Kittitas County seeking a temporary moratorium on new ground water wells in Kittitas County. The petitioners are members of a group called Aqua Permanente who are concerned that rapid rural residential growth will impair senior water rights and stream flows in the Kittitas and Yakima valleys. Of particular concern is the proliferation of so-called "exempt wells" which do not require a water right permit from Ecology. The petitioners wanted the moratorium to stop the practice of some developers who are drilling multiple exempt wells to serve multi-home subdivisions.

Ecology hosted two “listening sessions” on the exempt well issue in Ellensburg and Cle Elum and consulted with local governments, Indian tribes, legislators and land owners before making a decision by November 9, 2007. Even before receiving the petition, Ecology had cautioned county officials about the large number of wells being drilled and the rate at which new subdivisions are being approved in Kittitas County that rely on the exempt well provision.

“I am concerned that the current pattern of subdivision approvals and drilling exempt wells is not sustainable,” said Ecology director Jay Manning.

Manning noted the Yakima River basin is one of the state's most water-short areas. Twice in the past seven years, surface water rights with priority dates as old as 1906 have been shut off during droughts because senior water right holders were not able to divert water they are entitled to. Homes and subdivisions extracting groundwater that flows into the Yakima or its tributaries could pose a risk to these senior water rights.

Similarly, these new groundwater withdrawals may interfere with river flows necessary to protect endangered or threatened salmon species. Ecology is concerned that buyers of homes in new subdivisions that rely on so-called exempt wells may be at risk of having their domestic water cut off in future droughts.

Upper Kittitas County groundwater management agreement under consideration

The Washington Department of Ecology and Kittitas County prepared a draft memorandum of agreement that would guide how decisions are made on residential developments served by exempt wells until more is known about the aquifers and water supplies in northern Kittitas County.

The draft agreement calls for a study that will define the hydrogeology of upper Kittitas County. The study will provide information about water availability and the relationship between surface and ground water supplies. Information gathered from the study will be used to develop long-term water management strategies.
The draft agreement outlines interim management measures that would be put in place while the study is under way. Interim measures would require new residential developments served by exempt wells be limited to 5,000 gallons per day for each 40-acres of land for all domestic, lawn, landscaping and non-commercial garden water uses on that land, and would require metering.
The draft agreement also calls for Ecology to develop mechanisms to allow water users to participate in a mitigation program to offset their water use.

Background information and documents

Ecology News Release November 9, 2007 Ecology, Kittitas County sign groundwater well agreement
November 9, 2007 Response Letter from Ecology RE: Kittitas County Water Petition
Agreement in Principle for Development of a Formal Memorandum of Agreement - Between the Kittitas County and the State of Washington, Department of Ecology Regarding Management of Exempt Water Wells in Kittitas County
Video from the Oct. 25 “listening session” in Ellensburg on the Kittitas water petition
Yakima Basin Water Wells Map (large file 6MB pdf) - Location of "Yakima Basin Water Wells" on record with Ecology in 20 year increments from 1940 to 2000 and the Upper Yakima Basin for 2007. Information portrayed on these maps is based upon data from the Washington State Well Log Viewer with the same basic information and disclaimer.
Center for Environmental Law and Policy (CELP) supports and joins in the September 10, 2007 petition filed by Aqua Permanente requesting the Department of Ecology to adopt a rule to withdraw all unappropriated groundwater in Kittitas County pursuant to RCW 90.54.050
Open House and Community Meeting for Kittitas & Yakima Valleys - Managing our water supplies for the future
October 2007 Presentation Kittitas County Community Meeting - Petition raises concerns about water management in Kittitas County
October 10, 2007 Ecology News Release - Ecology hosts listening sessions on Kittitas water petition
Kittitas County Water Petition - September 10, 2007 Petition to Department of Ecology to adopt RCW 90.54.050 setting aside or withdrawing ground waters of Kittitas County